Leadership at the Centers for Disease Control and Prevention had said employees with disabilities would no longer be approved for telework or remote work as a reasonable accommodation – a stunning violation of workers’ civil rights and the Trump administration’s own policies.
But after days of mounting backlash, including reports that at least one pregnant employee was hospitalized from the stress of the policy change, CDC abruptly announced it was “pausing” implementation of the new rule pending clarification from the Department of Health and Human Services (HHS) and a review of its legality.
AFGE Locals 2883 and 3840 say the CDC’s move to indefinitely halt the approval or renewal of long-term telework as a valid reasonable accommodation for employees with disabilities is “the most sweeping civil rights violation against federal employees in decades.” Union leaders emphasized that the decision to pause enforcement does not erase the underlying violation, which they argue remains unlawful under federal disability rights law.
It violates protections guaranteed to employees under the Americans with Disabilities Act (ADA) of 1990, the Rehabilitation Act of 1973, and the Americans with Disabilities Amendments Act (ADAAA) of 2008. It also defies a Jan. 22 memo from the Trump administration’s Office of Management and Budget and Office of Personnel Management that specifically protects telework as a valid reasonable accommodation for a qualifying disability.
CDC’s parent agency, the Department of Health and Human Services, released a revised telework policy in August – effective immediately – that does not include telework as a reasonable accommodation.
Although CDC leadership had initially moved forward with that guidance, the outcry from employees and their union forced the agency to backtrack. AFGE representatives say the pause is a face-saving maneuver.
The actual impact of the attempted policy shift has been felt for months, as the agency has failed to process any reasonable accommodations requests following the elimination of CDC’s Equal Employment Opportunity office on April 1 as part of an agencywide reduction-in-force.
AFGE Local 2883 President Yolanda Jacobs told National Public Radio that some of CDC’s employees with disabilities are waiting for an answer on whether working offsite remains a reasonable accommodation.
“If there’s any discussions happening, it’s happening between the CDC’s leadership and HHS, it’s not happening with the employees” she told the outlet. “Employees are finding out secondhand and last minute.”
The sudden reversal underscores the pressure CDC is under from employees, unions, and lawmakers – and it highlights what AFGE leaders describe as an early victory in the fight to preserve civil rights protections for federal workers with disabilities.
Senators Question Worker Safety Following Deadly Attack on CDC HQ
The move to force CDC employees with disabilities to either return to the office or quit is occurring at the same time CDC employees remain fearful and shaken over the violent attack on the CDC headquarters in Atlanta on Aug. 8, in which an armed man fired more than 500 rounds into multiple buildings on campus and killed a responding police officer.
On Sept. 16, Georgia’s two U.S. senators – the Rev. Raphael Warnock and Jon Ossoff – wrote to CDC Acting Director James O’Neill pressing him for answers on how the agency is going to ensure a safe and secure environment for employees returning to the Atlanta campus.
“Images taken after the attack show hundreds of bullet holes in the windows of at least four CDC buildings, an eerie reminder of how close these dedicated public servants were to harm’s way. Public health workers at CDC wake up every day to protect us from unseen threats. They deserve to be and feel safe at their job,” the senators wrote.
In their letter, the lawmakers detail multiple steps that they say must be taken before any CDC staff are required to return to the campus, including conducting a thorough analysis of security protocols and vulnerabilities, providing employees with mental health resources and flexible work options, and collaborating with AFGE Local 2883 to conduct an employee town hall and monitor the well-being of employees going forward.
“The Georgians who work at the CDC and other federal and state public health agencies serve our nation with honor and protect us from public health threats every day. Their quiet and thankless work saves countless lives. They should not face threats or violence for carrying out their professional duties to the American people,” they wrote.
AFGE has mounted one of its most aggressive campaigns in recent memory to fight for Transportation Security Administration (TSA) officers and other Department of Homeland Security (DHS) employees who have been working without pay since the DHS funding lapse on Feb. 14.
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In a significant win, a federal judge on Friday granted a motion filed by the AFGE National Veterans Affairs Council to enforce a preliminary injunction order reinstating the collective bargaining contract covering more than 300,000 employees.
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On March 26, Dennis “Sarge” Guerrero, of AFGE Local 3511, traveled to Capitol Hill to testify on the need for the Department of Veterans Affairs to stop its plan to downgrade VA police officers.
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